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NORTH DAKOTA EX REL. OLSON v. CENTERS FOR MEDICARE AND MEDICAID SERVICES

No. A1-03-28.

286 F.Supp.2d 1080 (2003)

State of NORTH DAKOTA, ex rel. Carol K. OLSON, Executive Director, North Dakota Department of Human Services, Plaintiff, v. CENTERS FOR MEDICARE AND MEDICAID SERVICES, Thomas A. Scully, in his official Capacity as Administrator of the Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, and Tommy G. Thompson, in his official capacity as Secretary of the U.S. Department of Health and Human Services, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

October 1, 2003.

Attorney(s) appearing for the Case

Jean R. Mullen, Attorney General's Office, Civil Litigation, Bismarck, ND, for plaintiff.

David L. Peterson, U.S. Attorney's Office, Bismarck, ND, Sheila M. Lieber, Serrin Turner, U.S. Department of Justice, Washington, DC, for defendants.

MEMORANDUM AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

HOVLAND, Chief Judge.

The Plaintiff, State of North Dakota, seeks judicial review of a final agency decision of the United States Department of Health and Human Services Departmental Appeals Board. That decision affirmed an earlier determination that North Dakota could not be fully reimbursed for services provided to Native Americans...

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